Chhattisgarh HC Upholds Attempted-Murder Conviction For Sickle Attack On 6-Year-Old, Cuts 10-Year Term To Time Served After Over 3 Years In Jail

The appellant was convicted under Section 307 of the Indian Penal Code (IPC) and sentenced to ten years’ rigorous imprisonment, a fine of ₹5,000, and one month’s additional rigorous imprisonment in default of payment.

The prosecution case was that he struck a six-year-old child on the face with a sickle, injuring the child’s upper lip and breaking two teeth.

The appellant appealed under Section 415(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), but did not press the challenge to his conviction and sought reduction of the sentence to the period already served.

He stated that he had been in custody since 28 October 2023 and had no criminal antecedents.

Section 307 IPC was the basis for the appellant’s conviction and sentence for the offence of attempt to murder. Section 415(2) BNSS provided the procedural basis for the criminal appeal, while Section 481 BNSS informed the direction to furnish a personal bond following the judgment.

The judgment cited no precedent and stated no separate sentencing test; it assessed the sentence by reference to the injuries, the circumstances of the case, and the period of imprisonment already served.

The Court reviewed the evidence relevant to the conviction despite the appellant not pressing that challenge. The victim’s testimony that the appellant struck him with a sickle was supported by the uncle and another witness; the doctor testified to a lacerated wound and two broken teeth, and the sickle had been seized from the appellant. The Court therefore found no basis to interfere with the Section 307 IPC conviction.

On sentence, considering the injuries and circumstances, and that the appellant had served more than three years and one day in custody, the Court concluded that further detention would serve no useful purpose and reduced the custodial sentence to the period already undergone.

The fine and default sentence remained in force.

The Court directed the appellant’s release forthwith if he was not required in another case and ordered him to furnish a personal bond of ₹25,000, effective for six months, in accordance with Section 481 BNSS.